Vicky Singh v. State (Govt. of NCT of Delhi) and Anr

1. The present petition has been filed under Section 482 of Cr.P.C. for quashing of FIR No. 216/2019 lodged at PS Subzi Mandi, under Sections 489-A/406/34 IPC.

2. Facts, in brief, are that Petitioner No.1-Vicky Singh and respondent NO. 2/complainant Dolly got married on 23.01.2019 according to Hindu rites and customs. A child namely Ritisha Singh was born out of this wedlock. Thereafter marital differences cropped up between the parties and the parties started living separately from April 2019. Subsequently, respondent No.2 lodged the complaint against the petitioners in the Crime Against Women Cell, Delhi and F.I.R. No. 216/2019, under section 498-A/406/34 I.P.C. was registered at P.S. Subzi Mandi, Delhi.

3. Learned Counsel for the petitioner submits that pursuant to the intervention of respectable persons and well-wishers, the matrimonial disputes and differences between both the parties were resolved. It has been submitted that the settlement deed dated 21st July, 2022 executed between the parties wherein it has been agreed that petitioner No.1 and respondent No.2 will be living together peacefully with their minor child namely Ritisha Singh. It has been submitted that in view of the settlement arrived at between the parties the above mentioned FIR is liable to be quashed.

4. The High Court is the highest court of the State and is conferred with the power of control and superintendence over all courts subordinate to it. Besides Articles 226 and 227, Section 482 CrPC also acknowledges the inherent power of the high court. The scope of Section 482 provides for extraordinary powers to the High Court and these powers could be exercised to prevent abuse of the court process or to secure justice. In cases where the offences are not computable in nature, the parties on account of an amicable settlement invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law. Thus, the powers possessed by the High Courts under section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. The object behind the exercise of such power should be to do real and substantial justice for the administration of which the courts exist.

5. In B.S.Joshi vs. State of Haryana (2003) 4 SCC 675, the Supreme Court examined the scope and ambit of the power as conferred under Section 482 Cr.P.C. and Articles 226 and 227 of the Constitution of India. The Supreme Court was dealing with a criminal case arising out of marital discord and held that in the exercise of this “inherent” and “wholesome power”, the touchstone is as to whether “the ends of justice so require”. It was observed thus: “10.... that in a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the High Court in quashing the proceeding in the interest of justice and that the ends of justice are higher than the ends of mere law though justice had got to be administered according to laws made by the legislature....that the compelling necessity for making these observations is that without a proper realization of the object and purpose of the provision which seeks to save the inherent powers of the High Court to do justice between the State and its subjects, it would be impossible to appreciate the width and contours of that salient jurisdiction.” It was further noted: “What would happen to the trial of the case where the wife does not support the imputations made in the FIR of the type in question. As earlier noticed, now she has filed an affidavit that the FIR was registered at her instance due to temperamental differences and implied imputations. There may be many reasons for not supporting the imputations. It may be either for the reason that she has resolved disputes with her husband and his other family members and as a result thereof she has again started living with her husband with whom she earlier had differences or she has willingly parted company and is living happily on her own or has married someone else on the earlier marriage having been dissolved by divorce on consent of parties or fails to support the prosecution on some other similar grounds. In such eventuality, there would almost be no chance of conviction. Would it then be proper to decline to exercise power of quashing on the ground that it would be permitting the parties to compound noncompoundable offences? The answer clearly has to be in the “negative”. It would, however, be a different matter if the High Court on facts declines the prayer for quashing for any valid reasons including lack of bona fides.”

6. In Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179, this court while dealing with a case of a matrimonial dispute, placed reliance on Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58 and inter alia held as under:

49. The above views in the context of matrimonial disputes resulting in criminal proceedings have been consistently followed over the years, as may be further illustrated by the decision of a bench of three Hon'ble Judges of the Supreme Court in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, the following observations summarising the philosophy succinctly:—

7. Similarly, the Supreme Court in the case of K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226 has inter alia held as under;

8. Today, parties are present in the Court and have been duly identified by the Investigating Officer. They have stated that pursuant to the settlement agreement, they are living together and no dispute is pending between them. Respondent No.2/complainant has also stated that she has settled all her matrimonial disputes with the petitioners out of her own free will, without pressure, coercion or undue influence and does not want to pursue the present case any further and requests that the present FIR and the proceeding emanating therefrom may be quashed.